Accessories/ Instructions

An accessory is a person who assists in the commission of a crime, but does not actually participate in the commission of the crime as a joint principal. The distinction between an accessory and a principal is a question of fact and degree: more...

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The principal is the one whose acts or omissions, accompanied by the relevant mens rea, are the most immediate cause of the actus reus (Latin for "guilty act").; If two or more people are directly responsible for the actus reus, they can be charged as joint principals (see common purpose. The test to distinguish a joint principal from an accessory is whether the defendant independently contributed to causing the actus reus rather than merely giving generalised and/or limited help and encouragement.;

Elements

In some jurisdictions, an accessory is distinguished from an accomplice, who normally is present at the crime and participates in some way. An accessory must generally have knowledge that a crime is being, or will be committed. A person with such knowledge may become an accessory by helping or encouraging the criminal in some way, or simply by failing to report the crime to proper authority. The assistance to the criminal may be of any type, including emotional or financial assistance as well as physical assistance or concealment.

A person who incites another to a crime will become a member of a conspiracy if agreement is reached, and may then be considered an accessory or a joint principal if the crime is eventually committed.

In the United States, a person who learns of the crime and gives some form of assistance before the crime is committed is known as an "accessory before the fact". A person who learns of the crime after it is committed and helps the criminal to conceal it, or aids the criminal in escaping, or simply fails to report the crime, is known as an "accessory after the fact". A person who does both is sometimes referred to as an "accessory before and after the fact", but this usage is less common.

The punishment tariff for accessories varies in different jurisdictions, and has varied at different periods of history. In some times and places accessories have been subject to lesser penalties than principals (the persons who actually commit the crime). In others accessories are considered the same as principals in theory, although in a particular case an accessory may be treated less severely than a principal. In some times and places accessories before the fact have been treated differently from accessories after the fact. Common law traditionally considers an accessory just as guilty as the principal(s) in a crime, and subject to the same penalties. Separate and lesser punishments exist by statute in many jurisdictions.

A person cannot be charged as an accessory to a crime unless the crime has actually taken place. An accessory before the fact may also be considered a conspirator. A conspirator must have been a party to the planning the crime, rather than merely becoming aware of the plan to commit it and then helping in some way. On the other hand, a charge of conspiracy can be made even if the actual crime is never committed, so long as the plan has been made, and at least one overt act towards the crime has been committed by at least one of the conspirators. Thus an accessory before the fact will often, but not always, also be a conspirator.

Read more at Wikipedia.org